HB 1029 — An Act amending the act of June 1, 1937 (P.L.1168, No.294), known as the Pennsylvania Labor Relations Act, further providing for definitions; providing for notice and regulations; further providing for unfair labor practices and for representatives and elections; providing for initial collective bargaining agreement; further providing for prevention of unfair labor practices and for penalties; and imposing penalties.

PRINTER'S NO.   1110

                  THE GENERAL ASSEMBLY OF PENNSYLVANIA



                      HOUSE BILL
                      No. 1029
                                             Session of
                                               2025

     INTRODUCED BY D. WILLIAMS, CIRESI, DELLOSO, MALAGARI, O'MARA,
        POWELL, HARKINS, KHAN, McNEILL, VENKAT, HILL-EVANS, GIRAL,
        FREEMAN, McANDREW, HADDOCK, HANBIDGE, PROBST, BENHAM,
        BRENNAN, CERRATO, KAZEEM, CEPEDA-FREYTIZ, PIELLI, SANCHEZ,
        DONAHUE, HOHENSTEIN, PASHINSKI, NEILSON, SCHLOSSBERG, DEASY,
        STEELE, GREEN, WARREN, DALEY, MAYES, BOYD, DAVIDSON AND
        CURRY, MARCH 24, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 24, 2025


                                  AN ACT
 1   Amending the act of June 1, 1937 (P.L.1168, No.294), entitled
 2      "An act to protect the right of employes to organize and
 3      bargain collectively; creating the Pennsylvania Labor
 4      Relations Board; conferring powers and imposing duties upon
 5      the Pennsylvania Labor Relations Board, officers of the State
 6      government, and courts; providing for the right of employes
 7      to organize and bargain collectively; declaring certain labor
 8      practices by employers to be unfair; further providing that
 9      representatives of a majority of the employes be the
10      exclusive representatives of all the employes; authorizing
11      the board to conduct hearings and elections, and certify as
12      to representatives of employes for purposes of collective
13      bargaining; empowering the board to prevent any person from
14      engaging in any unfair labor practice, and providing a
15      procedure for such cases, including the issuance of a
16      complaint, the conducting of a hearing, and the making of an
17      order; empowering the board to petition a court of common
18      pleas for the enforcement of its order, and providing a
19      procedure for such cases; providing for the review of an
20      order of the board by a court of common pleas on petition of
21      any person aggrieved by such order, and establishing a
22      procedure for such cases; providing for an appeal from the
23      common pleas court to the Supreme Court; providing the board
24      with investigatory powers, including the power to issue
25      subpoenas and the compelling of obedience to them through
26      application to the proper court; providing for service of
27      papers and process of the board; prescribing certain
28      penalties," further providing for definitions; providing for
29      notice and regulations; further providing for unfair labor
 1      practices and for representatives and elections; providing
 2      for initial collective bargaining agreement; further
 3      providing for prevention of unfair labor practices and for
 4      penalties; and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 3(d) of the act of June 1, 1937
 8   (P.L.1168, No.294), known as the Pennsylvania Labor Relations
 9   Act, is amended and the section is amended by adding a clause
10   to read:
11      Section 3.    Definitions. When used in this act--
12      * * *
13      (d)     The term "employe" shall include any employe, and shall
14   not be limited to the employes of a particular employer, unless
15   the act explicitly states otherwise, and shall include any
16   individual whose work has ceased as a consequence of, or in
17   connection with, any current labor dispute, or because of any
18   unfair labor practice, and who has not obtained any other
19   regular and substantially equivalent employment, but shall not
20   include any individual employed as an agricultural laborer, or
21   in the domestic service of any person in the home of such
22   person, or any individual employed by his parent or spouse. The
23   term "employe" shall not include an independent contractor.
24      (d.1)    The term "independent contractor" shall mean an
25   individual who is free from control and direction in connection
26   with the performance of a service, both under the contract for
27   the performance of the service and is customarily engaged in an
28   independently established trade, occupation, profession or
29   business of the same nature as that involved in the service and
30   the service is performed outside the usual course of the
31   business of an employer.
32      * * *

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 1      Section 2.   The act is amended by adding a section to read:
 2      Section 4.1.    Notice and Regulations.--(a)   The board shall
 3   promulgate regulations requiring each employer to post and
 4   maintain, in conspicuous places where notices to employes and
 5   applicants for employment are customarily posted, both
 6   physically and electronically, a notice providing the rights and
 7   protections afforded to employes under this act. The board shall
 8   make available to the public the form and text of the notice.
 9   The board shall promulgate regulations requiring employers to
10   notify each new employe of the information contained in the
11   notice described under this subsection.
12      (b)   The board shall promulgate regulations requiring an
13   employer of employes in the bargaining unit to, no later than
14   two business days after the board orders an election or
15   certifies the results of an election, whichever is earlier,
16   under section seven of this act, provide a voter list to a labor
17   organization that has petitioned to represent the employes. The
18   voter list shall include the names of all employes in the
19   bargaining unit and such employes' home addresses, work
20   locations, shifts, job classifications, and, if available to the
21   employer, personal landline and mobile telephone numbers and
22   work and personal email addresses.
23      Section 3.   Section 6(1) of the act is amended by adding
24   clauses to read:
25      Section 6.   Unfair Labor Practices.--(1) It shall be an
26   unfair labor practice for an employer--
27      * * *
28      (g)   To require or coerce an employe to attend or participate
29   in the employer's campaign activities unrelated to the employe's
30   job duties.

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 1      (h)   To enter into or attempt to enforce an agreement,
 2   express or implied, whereby prior to a dispute to which the
 3   agreement applies, an employe undertakes or promises not to
 4   pursue, bring, join, litigate or support any kind of joint,
 5   class or collective claim arising from or relating to the
 6   employment of the employe in any forum that, but for the
 7   agreement, is of competent jurisdiction.
 8      (i)   To coerce an employe into undertaking or promising not
 9   to pursue, bring, join, litigate or support any kind of joint,
10   class or collective claim arising from or relating to the
11   employment of the employe.
12      (j)   To retaliate or threaten to retaliate against an employe
13   for refusing to undertake or promise not to pursue, bring, join,
14   litigate or support any kind of joint, class or collective claim
15   arising from or relating to the employment of the employe:
16   Provided, That any agreement that violates this clause or
17   results from a violation of this clause shall be to that extent
18   unenforceable and void. This clause shall not apply to an
19   agreement embodied in or expressly permitted by a contract
20   between an employer and a labor organization.
21      * * *
22      Section 4.    Section 7(c) and (d) of the act are amended and
23   the section is amended by adding subsections to read:
24      Section 7.    Representatives and Elections.--* * *
25      (c)   (1)    Whenever a question arises concerning the
26   representation of employes the board may, and, upon request of a
27   labor organization, or an employer who has not committed an act
28   herein defined as unfair labor practice, or any group of
29   employes in an appropriate unit representing by petition thirty
30   per centum or more of the employes of that unit, shall

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 1   investigate such controversy and certify to the parties, in
 2   writing, the name or names of the representatives who have been
 3   designated or selected. In any such investigation, the board
 4   shall provide for an appropriate hearing upon due notice, either
 5   in conjunction with a proceeding under section eight, or
 6   otherwise, and may utilize any suitable method to ascertain such
 7   representatives, except that if either party to the controversy
 8   so requests, a secret ballot of employes shall be taken within
 9   twenty days after such request is filed. Any certification of
10   representatives by the board shall be binding for a period of
11   one year, or for a longer period if the contract so provides,
12   even though the unit may have changed its labor organization
13   membership.
14      (2)   Whenever a petition has been filed, if the board finds
15   that, in an election under this section, a majority of the valid
16   votes cast in a unit appropriate for purposes of collective
17   bargaining have not been cast in favor of representation by the
18   labor organization, the board shall dismiss the petition.
19      (3)   If a majority of the valid votes cast in a unit
20   appropriate for purposes of collective bargaining have not been
21   cast in favor of representation by the labor organization and
22   the board determines that the election should be set aside
23   because the employer has committed a violation of this act or
24   otherwise interfered with a fair election and if the employer
25   has not demonstrated that the violation or other interference is
26   unlikely to have affected the outcome of the election, the board
27   shall, without ordering a new election, certify the labor
28   organization as the representative of the employes in the unit
29   and issue an order requiring the employer to bargain with the
30   labor organization if, at any time during the period beginning

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 1   one year preceding the date of the commencement of the election
 2   and ending on the date upon which the board makes the
 3   determination of a violation or other interference, a majority
 4   of the employes in the bargaining unit have signed
 5   authorizations designating the labor organization as their
 6   collective bargaining representative.
 7      (d)   Whenever an order of the board, made pursuant to section
 8   eight, subsection (c), is based, in whole or in part, upon facts
 9   certified following an investigation pursuant to subsection
10   [(c)] (c)(1) of this section, and there is a petition for the
11   enforcement or review of such order, such certification and the
12   record of such investigation shall be included in the transcript
13   of the entire record required to be filed under subsections (a)
14   or (b) of section nine, and thereupon the decree of the court
15   enforcing, modifying or setting aside, in whole or in part, the
16   order of the board, shall be made and entered upon the
17   pleadings, testimony, and proceedings set forth in such
18   transcript.
19      (e)   Whenever a petition has been filed, in accordance with
20   regulations promulgated by the board, by an employe or group of
21   employes or an individual or labor organization acting on the
22   employe's behalf alleging that a substantial number of employes
23   wish to be represented for collective bargaining and that the
24   employer declines to recognize their representative as the
25   representative or assert that the individual or labor
26   organization, which has been certified or is being recognized by
27   the employer as the bargaining representative, is no longer a
28   representative, the board shall investigate the petition and, if
29   the board has reasonable cause to believe that a question of
30   representation affecting commerce exists, shall provide for an

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 1   appropriate hearing upon due notice. The hearing shall be
 2   conducted by an employe of the department appointed by the
 3   Secretary of Labor and Industry, who shall not make any
 4   recommendations with respect to the petition. If the board finds
 5   upon the record of the hearing that a question of representation
 6   exists, the board shall direct an election by secret ballot and
 7   shall certify the results of the election. No employer shall
 8   have standing as a party or to intervene in any representation
 9   proceeding under this subsection.
10      (f)   If the board finds that, in an election under this
11   section, a majority of the valid votes cast in a unit
12   appropriate for purposes of collective bargaining have been cast
13   in favor of representation by the labor organization, the board
14   shall certify the labor organization as the representative of
15   the employes in the unit and shall issue an order requiring the
16   employer of the employes to collectively bargain with the labor
17   organization.
18      (g)   Except as provided under section 7(c)(3), if the board
19   determines that an election under this section should be set
20   aside, the board shall order a new election with appropriate
21   additional safeguards necessary to ensure a fair election
22   process, except in cases where the board issues a collective
23   bargaining order.
24      Section 5.   The act is amended by adding a section to read:
25      Section 7.1.     Initial Collective Bargaining Agreement.--For
26   an initial collective bargaining agreement following
27   certification or recognition of a labor organization, the
28   following shall apply--(a) No later than ten days after
29   receiving a written request for collective bargaining from an
30   individual or labor organization that has been newly certified

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 1   as a representative, or within a period as the parties agree
 2   upon, the parties shall meet and commence to bargain
 3   collectively and shall make every reasonable effort to conclude
 4   and sign a collective bargaining agreement.
 5      (b)   If, after the expiration of the ninety-day period
 6   beginning on the date on which collective bargaining is
 7   commenced, or an additional period as the parties may agree
 8   upon, the parties have failed to reach an agreement, either
 9   party may notify the board of the existence of a dispute and
10   request mediation. When a request is received, the board shall
11   promptly communicate with the parties and to use its best
12   efforts, by mediation and conciliation, to bring the parties to
13   agreement.
14      (c)   If, after the expiration of the thirty-day period
15   beginning on the date on which the request for mediation is
16   made, or an additional period as the parties may agree upon, the
17   board is not able to bring the parties to agreement by mediation
18   and conciliation, the board shall refer the dispute to a
19   tripartite arbitration panel comprised of one member selected by
20   the labor organization, one member selected by the employer and
21   one neutral member mutually agreed to by the parties. A majority
22   of the tripartite arbitration panel shall render a decision
23   settling the dispute and a decision shall be binding upon the
24   parties for a period of two years, unless amended during that
25   period by written consent of the parties. A decision shall be
26   based on the following--
27      (1)   The employer's financial status and prospects.
28      (2)   The size and type of the employer's operations and
29   business.
30      (3)   The employes' cost of living.

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 1      (4)   The employes' ability to sustain themselves, their
 2   families and their dependents on the wages and benefits they
 3   earn from the employer.
 4      (5)   The wages and benefits other employers in the same
 5   industry provide their employes.
 6      Section 6.    Section 8 of the act is amended by adding
 7   subsections to read:
 8      Section 8.    Prevention of Unfair Labor Practices.--* * *
 9      (g)   If the board finds that an employer has discriminated
10   against an employe in violation of this act or has committed a
11   violation of this act which results in the discharge of an
12   employe or other serious economic harm to an employe, the board
13   shall award the employe back pay without any reduction,
14   including any reduction based on the employe's interim earnings
15   or failure to earn interim earnings, front pay, consequential
16   damages and an additional amount as liquidated damages equal to
17   two times the amount of damages awarded. Relief under this
18   subsection may not be denied on the basis that the employe is,
19   or was during the time of relevant employment or during the back
20   pay period, an unauthorized alien as defined in 8 U.S.C. §
21   1324a(h)(3) (relating to unlawful employment of aliens) or any
22   other provision of Federal law relating to the unlawful
23   employment of aliens.
24      (h)   (1)   Each order of the board shall take effect upon
25   issuance of the order, unless otherwise directed by the board,
26   and shall remain in effect unless modified by the board or
27   unless a court of competent jurisdiction issues a superseding
28   order.
29      (2)   Any person who fails or neglects to obey an order of the
30   board shall forfeit and pay to the board a civil penalty of not

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 1   more than ten thousand dollars ($10,000) for each violation,
 2   which shall accrue to the board and may be recovered in a civil
 3   action brought by the board. Action by the board under this
 4   clause may not be made until thirty days following the issuance
 5   of an order. Each violation of the order shall be a separate
 6   offense, except that, in the case of a violation in which a
 7   person fails to obey or neglects to obey a final order of the
 8   board, each day such failure or neglect continues shall be
 9   deemed a separate offense.
10      (3)   If, after having provided a person with notice and an
11   opportunity to be heard regarding a civil action under subclause
12   (2) for the enforcement of an order, the court determines that
13   the order of the board was regularly made and duly served and
14   that the person is in violation of the same, the court shall
15   enforce the order by an injunction or other proper process,
16   mandatory or otherwise, to restrain the person or entity or the
17   officers, agent or representatives of the person or entity, from
18   further violation of the order, or enjoin the person or entity,
19   officers, agents or representatives to obey the order.
20      Section 7.    Section 11 of the act is amended to read:
21      Section 11.   Penalties.--(a)   Any person who shall wilfully
22   resist, prevent, impede or interfere with any member of the
23   board, or any of its agents, in the performance of duties
24   pursuant to this act, shall be guilty of a misdemeanor, and,
25   upon conviction thereof, shall be punished by a fine of not more
26   than five thousand dollars ($5,000), or by imprisonment for not
27   more than one year, or both.
28      (b)   If the board, or any agent designated by the board,
29   determines that an employer has violated section 4.1 or
30   regulations issued thereunder, the board shall--

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 1      (1)    State the findings of fact supporting the determination.
 2      (2)    Issue and cause to be served on the employer an order
 3   requiring that the employer comply with section 4.1 or
 4   regulations issued thereunder.
 5      (3)    Impose a civil penalty in an amount determined
 6   appropriate by the board, except that in no case shall the
 7   amount of the penalty exceed five hundred dollars ($500) for
 8   each violation.
 9      (c)    (1)   An employer who commits an unfair labor practice
10   under section six that results in the discharge of an employe or
11   other serious economic harm to an employe, shall, in addition to
12   any remedy ordered by the board, be subject to a civil penalty
13   in an amount not to exceed fifty thousand dollars ($50,000) for
14   each violation, except that the board shall double the amount of
15   the penalty, to an amount not to exceed one hundred thousand
16   dollars ($100,000), in any case where the employer has within
17   the preceding five years committed another violation of section
18   six.
19      (2)    In determining the amount of a civil penalty under this
20   clause, the board shall consider the following--
21      (i)    If the unfair labor practice was knowingly committed.
22      (ii)    The impact of the unfair labor practice on the charging
23   party, on other persons seeking to exercise rights guaranteed by
24   this act and on the public interest.
25      (iii)    The gross income of the employer.
26      (3)    If the board determines, based on the particular facts
27   and circumstances presented, that a director's or officer's
28   personal liability is warranted, a civil penalty for a violation
29   described under this subsection may be assessed against a
30   director or officer of the employer who directed or committed

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 1   the violation, had established a policy that led to the
 2   violation or had actual or constructive knowledge of and the
 3   authority to prevent the violation and failed to prevent the
 4   violation.
 5      (d)    The following shall apply to the right to civil action--
 6      (1)    Any person who is injured by reason of a violation of
 7   section six may, after sixty days following the filing of a
 8   charge with the board alleging an unfair labor practice, bring a
 9   civil action in the appropriate court against the employer
10   within ninety days after the expiration of the sixty-day period
11   or the date the board notifies the person that no complaint
12   shall be heard by the board, whichever occurs earlier, provided
13   that the board has not filed a petition under this act prior to
14   the expiration of the sixty-day period. Relief under this
15   subsection may not be denied on the basis that the employe is,
16   or was during the time of relevant employment or during the back
17   pay period, an unauthorized alien as defined in 8 U.S.C. §
18   1324a(h)(3) (relating to unlawful employment of aliens) or any
19   other provision of Federal law relating to the unlawful
20   employment of aliens.
21      (2)    Relief granted in an action under clause (1) may include
22   any of the following:
23      (i)    back pay without any reduction, including any reduction
24   based on the employe's interim earnings or failure to earn
25   interim earnings;
26      (ii)    front pay, when appropriate;
27      (iii)     consequential damages;
28      (iv)    an additional amount as liquidated damages equal to two
29   times the cumulative amount of damages awarded under subclauses
30   (i), (ii) and (iii);

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 1      (v)    in appropriate cases, punitive damages in accordance
 2   with clause (4); and
 3      (vi)    any other relief authorized under 42 U.S.C. § 2000e-
 4   5(g) (relating to enforcement provisions) or under 42 U.S.C. §
 5   1981a(b) (relating to damages in cases of intentional
 6   discrimination in employment) (this only applies to actions
 7   brought under sections 706 or 717 of the Civil Rights Act of
 8   1964 and discrimination relating to unlawful intentional
 9   discrimination or violations under the Americans with
10   Disabilities Act).
11      (3)    In any civil action under this clause, the court may
12   allow the prevailing party reasonable attorney fees, including
13   expert fees, and other reasonable costs associated with
14   maintaining the action.
15      (4)    In awarding punitive damages under clause (2)(v), the
16   court shall consider if the unfair labor practice was knowingly
17   committed, the impact of the unfair labor practice on the
18   charging party, on other persons seeking to exercise rights
19   guaranteed by this act and on the public interest, and the gross
20   income of the employer.
21      Section 8.    This act shall take effect in 60 days.




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